Agenda item

HPK/2021/0173 - The Fickle Mermaid, Foresters Way, Chapel-en-le-Frith, SK23 0RB


Demolition of existing structures and construction of roadside facility comprising a petrol filling station, associated convenience store and 1no. drive thru unit (Class E)


Applicant:        Mr Robert Buffham, EG Group Ltd.


The Committee were addressed by Christopher Eccles in objection to the application and Nathan Tonge (applicant).


The Committee viewed plans and photographs of the site,


A motion to approve the application, subject to the parking arrangements (including electric vehicle charging points) being reviewed at a future meeting of the committee and an additional condition to control external lighting was moved and seconded.  On being put to the vote, the motion was lost.


A motion to refuse the application was then moved and seconded.  The meeting was adjourned at 2.40 p.m. and re-convened at 2.45 p.m. to enable the Head of Development Services to take advice from the Solicitor following which advice was given to members and, following further debate regarding the application and local plan provisions that reflected concerns members had regarding the development, the committee properly formed detailed reasons for refusal in application of the planning balance following consideration of the officers report, members local knowledge, local plan policy and other material considerations.  The motion was then voted upon as follows:




That planning permission be refused for the following reasons:

a.    Members did not accept that such a low level of proposed parking would be adequate, nor that petrol pumps should be counted as parking spaces.  Accordingly they considered there would be an inadequate level of parking provision and resultant increase in on street parking to the detriment of the free and safe flow of traffic [dBN1] [dBN2] [dBN3] contrary to Policies EQ6, CF6 and Appendix 1 of the local plan

b.    Members considered the adverse environmental impact of the proposed development to be unacceptable, in particular the loss of a relatively new and useable building which does not respond positively to the challenge of climate change, contrary to Policies S1 EQ1, and  EQ6 of the Local Plan;

c.     Members considered the loss of a community facility with good outdoor facilities, and generous parking on site including good disabled access, which were in short supply in Chapel en le Frith, without any evidence that the existing use is no longer financially or commercially viable was contrary to Policy CF5; and

d.    The proposal design fails to respect the location of the site as a gateway to Chapel en le Frith and main access road to Glossop from the south and contrary to policy EQ6 .


2.    That authority be delegated to the Head of Development Services and Chairman to determine the detailed wording of the reasons for refusal.




 [dBN1]Ben I don't recall anyone saying anythign about accessibilty on site

 [dBN2]My notes (which I admit are a bit scrambled) say in relation to advice Ben gave ‘… and Appendix 1: parking and accessibility EQ6 and CF6.  App 1 is the parking guidance, EQ6 requires well integrated car parking (my error as I had removed it should be referred to in relation to parking, this element of the refusal) CF6 (entitled accessibility and transport) 5th bullet says facilities should provide high standards of accessibility to all sectors of the community.  I took this to mean that if there is a lack of parking facilities it won’t be accessible to all sectors of the community.

 [dBN3]I think it’s the last bullet of CF6 that is relevant – minute amended accordingly

Supporting documents: